When a mother make a criminal charged against her son for taking or stealing money from her home safe. The mother call the police on her son. Then her son were picked-up by the police at her home and has been in jail for about a year. But now the mother wont to "DROP" the charge. The District Attorney said to the mother "NO" it's to late to drop the charge. What is your opinion?
Whether to drop the charge or pursue the case is completely up to the district attorney, but if he's been in jail for a year it sounds like they've already decided that issue. Best to contact his lawyer.
Pursuant to the Colorado Constitution, a victim of a crime (mother in your scenario) has a constitutional right to provide input into the manner in which the district attorney resolves the case. However, other than listening to the victim, the district attorney's authority to either dismiss or proceed with the case is the district attorney's decision and his/her decision alone.
Generally, the victim's input is given a lot of weight by the district attorney except in domestic violence cases where the victim desires charges to be dismissed. I am a little surprised by the reluctance of the district attorney in this type of case unless there has been some history by the son.
I wish you the best.
If a Defendant has been convicted, then it is much too late to drop the charges. The District Attorney doesn't have the power to do that at that point.
If the case has not reached a plea or verdict, then the District Attorney has the power to dismiss the charges, but may be reluctant to simply dismiss a case that the police and the District Attorney have been working on this for a year. The prosecutor can proceed with the prosecution if they believe it is possible to prove the case beyond a reasonable doubt.
The prosecutor is required to discuss any potential plea offer with the victim and listen to their input, but the ultimate decision to pursue the case or dismiss it rests with the prosecutor.
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